Monthly TCPA Digest - February 2022 [telecom]

24 February 2022 by Russell H. Fox , Joshua Briones , Jonathan P. Garvin , Adam B. Korn and Esteban Morales

We are pleased to present our latest Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this issue's Regulatory Update, we cover a proposed Declaratory Ruling circulated by FCC Chairwoman Rosenworcel that would require callers to obtain consent from consumers before delivering "ringless voicemail" messages directly to their voicemail mailboxes. We also discuss the FCC Enforcement Bureau's cease-and-desist letters to Great Choice Telecom and TCA Voip, resulting from their alleged transmission of illegal robocalls.

In our Litigation Update, we look at what constitutes a "voice" post-Facebook. While some plaintiffs have argued that a text message can be considered a "voice" under TCPA and may thus constitute a TCPA violation, a district judge in the Central District of California recently concluded that the argument defies common sense.

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